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Commercial Real Estate Lending Hot Topics: Retail Tenant Bankruptcies, Unusual Collateral, Completion Guarantees, and Nonconsolidation Opinions

Contains material from Oct 2019

Commercial Real Estate Lending Hot Topics: Retail Tenant Bankruptcies, Unusual Collateral, Completion Guarantees, and Nonconsolidation Opinions
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Session 1: The Rising Tide of Retail Tenant Bankruptcies: What Lenders Need to Know to Protect Their Collateral As retail tenant bankruptcies become commonplace, the bankruptcies themselves continue to challenge commercial landlords and their lenders with nuanced approaches. Knowing the trends amidst the retail tenant bankruptcy apocalypse will help lenders more efficiently preserve and protect collateral.

Session 2: Unusual Collateral in Real Estate Finance: Beyond Cars and Boats and Planes A look at collateral which may give added value to real estate loans including technology matters, development agreement payments from municipalities, and other tangibles and intangibles.

Session 3: Completion Guarantees Explore surprising problems potentially arising with superficially conventional completion guaranties sometimes required in connection with construction financing.

Session 4: Nonconsolidation Opinions Gain insight on substantive consolidation, what are the standards governing substantive consolidation throughout the United States, and what issues should be addressed in drafting non-consolidation opinions.

Includes: Video Audio Paper Slides


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1. The Rising Tide of Retail Tenant Bankruptcies: What Lenders Need to Know to Protect Their Collateral (Oct 2019)

Katharine Battaia Clark

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(mp4)
21 mins
(mp3)
21 mins
(pdf)
10 pgs
(pdf)
7 pgs
Session 1 —21 mins
The Rising Tide of Retail Tenant Bankruptcies: What Lenders Need to Know to Protect Their Collateral (Oct 2019)

As retail tenant bankruptcies become commonplace, the bankruptcies themselves continue to challenge commercial landlords and their lenders with nuanced approaches. Knowing the trends amidst the retail tenant bankruptcy apocalypse will help lenders more efficiently preserve and protect collateral.

Originally presented: Sep 2019 Mortgage Lending and Servicing Institute

Katharine Battaia Clark, Hedrick Kring, PLLC - Dallas, TX

Show session details

2. Unusual Collateral in Real Estate Finance: Beyond Cars and Boats and Planes (Oct 2019)

Brian C. Rider

0.50 0.00 0.00
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(mp4)
35 mins
(mp3)
35 mins
(pdf)
12 pgs
Session 2 —35 mins
Unusual Collateral in Real Estate Finance: Beyond Cars and Boats and Planes (Oct 2019)

A look at collateral which may give added value to real estate loans including technology matters, development agreement payments from municipalities, and other tangibles and intangibles.

Originally presented: Sep 2019 Mortgage Lending and Servicing Institute

Brian C. Rider, The University of Texas School of Law - Austin, TX

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3. Completion Guarantees (Oct 2019)

J. Cary Barton

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(mp4)
22 mins
(mp3)
22 mins
Paper
(pdf)
8 pgs
Slides
(pdf)
18 pgs
Session 3 —22 mins
Completion Guarantees (Oct 2019)

Explore surprising problems potentially arising with superficially conventional completion guaranties sometimes required in connection with construction financing.

Originally presented: Sep 2019 Mortgage Lending and Servicing Institute

J. Cary Barton, Barton Benson Jones PLLC - San Antonio, TX

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4. Nonconsolidation Opinions (Oct 2019)

Bruce J. Zabarauskas

0.50 0.00 0.00
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(mp4)
34 mins
(mp3)
32 mins
(pdf)
13 pgs
(pdf)
20 pgs
Session 4 —34 mins
Nonconsolidation Opinions (Oct 2019)

Gain insight on substantive consolidation, what are the standards governing substantive consolidation throughout the United States, and what issues should be addressed in drafting non-consolidation opinions.

Originally presented: Sep 2019 Mortgage Lending and Servicing Institute

Bruce J. Zabarauskas, Thompson & Knight LLP - Dallas, TX